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Family arbitration is a form of private dispute resolution in which the couple appoint a fair and impartial arbitrator to resolve their dispute. The arbitrator is chosen jointly and effectively acts as a private judge, which means they make a decision for the couple rather than facilitate a negotiation as in other forms of alternative dispute resolution.
To give us a better understanding of what arbitration is and how it works exactly, I have invited Rebecca Hawkins. Rebecca is a specialist in non-court family problem solving. She is trained and experienced as an Accredited Mediator, a Family Lawyer, an Arbitrator for the children scheme, a Resolution Trainer and Parenting Coordinator.
– What is arbitration in the context of a divorce?
– In what cases can it be used? Can it be used for both children and financial matters? Wat is the ideal situation for using arbitration?
– Have you seen any cases where arbitration is not suitable?
– Do you still need a Solicitor if using arbitration? What about a Barrister?
– How expensive and how lengthy is the process?
– How do arbitration sessions happen in practice and how do individuals prepare for it?
– What is the legal value of the arbitrator’s decision?
– Can one of the spouses still take the case to court afterwards if they aren’t pleased with the arbitrator’s decision?